지불이행 약정금 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Basic Facts
The Plaintiff is a company newly incorporated by C by dividing the export and import and sales business of electric lamps, lamps, lighting devices, etc. on July 1, 2016.
(hereinafter referred to as “Plaintiff Company”). The Defendant was working in the Plaintiff Company’s business division from around 1996 to 2001, and was engaged in the sales and distribution of lighting fixtures with the trade name “D” after withdrawal from the Plaintiff Company from around 2002.
On August 1, 2009, the Defendant entered into a goods supply contract with the Plaintiff Company. Around that time, when the Plaintiff Company imports the PE locks so called HPL (hereinafter “instant product”) produced in China, the Defendant purchased them from the Plaintiff Company, and sold them to H (Representative I, hereinafter “H”) in Korea.
H A manufactured and sold ED lighting fixtures in Korea using the instant product supplied by the Defendant.
H Representative I proposed that the Plaintiff Company produce the instant product in Korea in around 2009, and thereafter, the Plaintiff Company underwent a consultation and review process for more than one year with the Defendant and I.
Plaintiff
On August 27, 2010, the Company entered into a domestic sales agency contract (hereinafter “instant sales agency contract”) with the Defendant, which provides that the Defendant shall grant the Defendant the total domestic sales right to the instant product (hereinafter “the instant sales agency contract”). On November 30, 2010, the general terms and conditions for sales (Gener Sssss & & & & & & & & & & & & & & & the instant sales agency contract supplier (hereinafter “Plaintiff Company”).
(D) the recipient F/D (hereinafter referred to as the “Defendant”) and the recipient.
) The sales agency contract of this case shall be entered into between themselves as follows. Article 1 (Purpose of this Agreement is to supply the goods produced by the Plaintiff Company to the Defendant and to the rights and obligations related thereto.